POLICY ON HANDLING OF COMPLAINTS
Preamble
The purpose of this policy is to govern the mortgage brokerage compliance of Felipe Sanchez Gestions Kaso Inc. It must be applied rigorously and used as a tool to help independent representatives or firms meet the requirements of the Autorité des marchés financiers (hereinafter referred to as “AMF”). Please note that the term representative refers, for the purposes of this policy, to a mortgage broker.
The objectives
- To have a fair and free procedure to deal with complaints received by clients, i.e. persons having an interest in a product or service distributed by the broker, as well as dispute resolution;
- To provide a framework for the entire complaint management process;
- Have a process for resolving disputes about a product or service that has been distributed.
Definitions
For the purposes of the policy, a complaint is an expression of at least one (1) of the following three (3)
following elements:
– a reproach against a representative or the firm;
– identification of potential or actual harm to a consumer consumer;
– a claim for corrective action.
A complaint is not an informal attempt to have a particular problem corrected, as long as the problem is dealt with in the course of the representative’s regular business and without the consumer having complained.
- Roles and Responsibilities
The Compliance Officer, Felipe Sanchez, is responsible for the enforcement of this policy. The person in charge shall provide staff with all information necessary for compliance with this policy.
A summary of this policy shall be made available on the firm’s website, as appropriate. This summary shall contain, at a minimum, (i) the characteristics that make a communication to the firm a complaint, which complaint shall be recorded in the complaint log, and (ii) the fact that the firm shall open a file on each such complaint.
- Creating a Complaint Register
The person responsible for compliance shall ensure that a complaint log is established is created.
Each complaint file must be included in the register.
The Compliance Officer is also responsible for the management of this log, including the mandatory reporting to the CRS (Complaint Reporting System) as provided for in section 7 of this policy.
- Reporting a Complaint by a Person of Interest
3.1 File Opening
Upon reporting a complaint in any form, the person responsible for compliance shall open and record the date the complaint was received in a complaint log. The person receiving the complaint shall invite the complainant to put the complaint in writing or take down all details of the complaint.
A sample complaint log is attached as Appendix A.
If the complaint is received by someone other than the person responsible for compliance, the employee concerned must notify the person responsible for compliance without delay.
A copy of the complaint, if written, or the recorded version if verbal, shall be placed on file.
3.2 Receipt of Complaints
Any consumer who wishes to file a complaint must do so in writing to the following address
Felipe Sanchez
1060 Michele Bohec Blvd. Michele Bohec # 101 Blainville, (Quebec) J7C 5E2
3.3 Acknowledgement of receipt
Following receipt of the complaint, the person responsible for compliance must then
initiate the complaint handling process.
The person responsible for compliance shall send an acknowledgement of receipt to the complainant without delay or, failing that, within five (5) days of receiving the complaint.
The acknowledgement shall contain the following information:
– A description of the complaint received, specifying the harm suffered or potential harm, the charge against the representative and the corrective action requested;
– the name and contact information of the person responsible for handling the complaint;
– in the case of an incomplete complaint, a notice containing a request for additional information to which the complainant must respond within a specified time period, failing which the complaint will be deemed to have been abandoned
– the complaint handling policy;
– a notice informing the complainant of his or her right to request, at any time and/or if he or she is not satisfied with the final position or the handling of his or her complaint, the transfer of his or her file to the Authority. Such notice shall also include a statement that the Authority may provide dispute resolution services, if deemed appropriate;
– a statement informing the complainant that the filing of a complaint with the AMF does not interrupt the limitation period for his or her recourse against the representative or the firm before the civil courts.
A sample acknowledgement of receipt is attached as Appendix B.
In the event of the transfer of the complaint file, the transferred file shall consist of
All information related to the complaint.
Compliance with privacy rules remains the responsibility of the representative.
3.4 Content of the complaint file
This file must include the following elements
– the complainant’s written complaint, including the three (3) elements of the complaint (the reproach against the representative, the actual or potential prejudice and the corrective measure requested)
– The outcome of the complaint process (the analysis and supporting documentation);
– the final response to the complainant, in writing, with reasons;
– Correspondence with the complainant and any documents related to the complaint.
- Investigation
The Compliance Officer shall collect and analyze comments and relevant documentation. The Compliance Officer shall ensure that any additional information deemed missing is obtained.
- Professional Liability Insurance
Where applicable, the Compliance Officer or the representative against whom the complaint is made shall notify, without delay, his or her professional liability insurer.
- Report
When the Compliance Officer has completed the processing of the complaint, he or she shall prepare a report. The Compliance Officer shall also inform the complainant of the outcome of the investigation in a written response with reasons. The report and response shall be placed in the complaint file.
- Reporting to the AMF
Twice (2) a year, the person responsible for compliance must send the AMF, via the SRP computer system, a report on the number and nature of complaints received, whether or not he or she has received any complaints, except when there is only one (1) representative within the firm.
In this case, a report should be sent only when there have been actual complaints.
The reporting periods are (by) July 30 for data collected from January 1 to June 30 (by) January 30 for data collected between July 1 and December 31.
- General Provisions
This policy shall be reviewed annually by the Compliance Officer who shall prepare a document outlining the review.
The document must include the relevance of modifying the content of the policy, the proposed modifications, if any, and their justification.
If an external audit is conducted during the year, the recommendations of the report should be incorporated into the policy as appropriate.
This compliance policy is effective December 17, 2020.
Revised September 8, 2022
2020 Mortgage CONSORTIUM